BALBES v. CITY OF NEW YORK

7877, 309821/09.

96 A.D.3d 478 (2012)

946 N.Y.S.2d 153

2012 NY Slip Op 4408

ORLANDO BALBES, Respondent, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

June 7, 2012.


Summary judgment was properly denied in this action where plaintiff sustained injuries when he tripped and fell while crossing within the crosswalk at an intersection. Deposition testimony, photographs of the roadbed where plaintiff fell, and Department of Transportation records, together with reasonable inferences drawn therefrom, present triable issues as to whether defendant created an immediate hazardous condition by performing milling and resurfacing work at the subject...

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